Friday, August 7, 2009

We consider challenges to the circuit court’s rulings on prejudgment interest on attorney’s fees and costs established in a charging lien proceeding arising from the claim of a law firm discharged by the client in a personal injury action. We hold that prejudgment interest runs from the date the client received the proceeds of settlement, a time fixed by the contract between the client and the law firm.

***

Where a law firm obtains a quantum meruit recovery after being discharged in a contingent fee case, the firm is entitled to prejudgment interest on the award set by the court. See Quality Engineered, 670 So. 2d at 931; Arabia v. Siedlecki, 789 So. 2d 380, 384 (Fla. 4th DCA 2001). “[I]nterest accrues from the date the entitlement to attorney fees is fixed through agreement, arbitration award, or court determination. . . .” Quality Engineered, 670 So. 2d at 933. Here, the underlying fee agreement made entitlement to attorney’s fees contingent on the “proceeds of recovery.” Thus the firm is entitled to prejudgment interest on the attorney’s fee award from the date McCarthy received the proceeds of settlement.

Jury Instructions

Disclaimer

This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice (or any legal advice). By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. By using this blog site you understand that any statement on the blog site are solely those of the author. By using this blog site you understand that the Blog/Web Site is not affiliated with or approved by anyone other than the author. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This blog is not published for advertising or solicitation purposes. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon advertisements.